Carter v. Hobbs

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 and dismissing case without prejudice. The certificate of appealability is denied. Signed by Chief Judge J. Leon Holmes on 5/2/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDWARD LEE CARTER, ADC #109307
v.

PETITIONER

NO. 5:12CV00126 JLH/BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has received the Recommended Disposition from Magistrate Judge Beth Deere.
Magistrate Judge Deere recommends that Edward Lee Carter’s petition for writ of habeas corpus be
dismissed without prejudice because it is a second or successive petition and Carter has not obtained
permission from the United States Court of Appeals for the Eighth Circuit. Carter has responded and
stated that he agrees that this is a second or successive petition and that he is required to obtain
permission from the Eighth Circuit. He asks that the Court hold the petition in abeyance until he gets
permission or dismiss it without prejudice. This Court adopts the Recommended Disposition in its
entirety. Carter’s petition for writ of habeas corpus is dismissed without prejudice. Document #2.
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. Rule 11 of the Rules Governing Section 2254 Cases. A certificate
of appealability may issue only if a petitioner has made a substantial showing of the denial of a
constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case, Carter has not provided a basis for this
Court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.
IT IS SO ORDERED this 2nd day of May, 2012.

_____________________________________
UNITED STATES DISTRICT JUDGE